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Alliance of Subordination Court acknowledged U.S. military presence as unconstitutional A district court ruling made on March 30, 1959, was overturned under the Japanese and U.S. governmentsf secret talks. It designated the stationing of the U.S. forces in Japan as unconstitutional. This court decision, known as the gDate Rulingh after the name of the presiding judge, Date Akio, has again been brought to public attention. In April 2008, international affairs researcher Niihara Shoji uncovered U.S. declassified documents showing that then U.S. Ambassador to Japan Douglas MacArthur II pressed the Japanese government and its judicial system to bring the district court ruling directly to the Supreme Court and swiftly get it scrapped. Encouraged by Niiharafs disclosure, former defendant in the case Sakata Shigeru, 80, who was a Kawasaki City Assembly member of the Japanese Communist Party, in April last year established the association to gutilize the Date Ruling.h Its members last April obtained and released the Foreign Ministryfs records on the secret talk between the two governments on how to respond to the ruling, which was widely covered by the media. Sunagawa Struggle It has been 55 years since the start of the gSunagawa Struggleh, which continued for 15 years, in protest against the expansion of a U.S. base located in the Sunagawa district of Tachikawa City in the western suburbs of Tokyo. In 1957, 23 people were arrested and seven were indicted on charge of violating the Act on Special Measures Concerning Criminal Cases, a domestic law made under the bilateral Security Treaty, by trespassing onto the base during their protest actions. In response to this incident, the Tokyo District Court protested against the excessive U.S. military privileges. It made clear that the Act on Special Measures Concerning Criminal Cases should not be applied to this case since the stationing of the U.S. forces in Japan goes against Article 9 of the Japanese Constitution which renounces possession of war potential. gThe Date Ruling was a landmark ruling because it pointed out the danger of the Security Treaty a year before its revision,h said 75-year-old lawyer Enomoto Nobuyuki. After taking part in the base expansion protest as a student, he joined a lawyersf group involved in the lawsuit. The Supreme Court in December 1959 reversed the Date Ruling. However, it could not claim that the Security Treaty is constitutional. gTherefore, the Date Ruling is still in place,h said Enomoto. Behind the court decision Struggles against the expansion of U.S. bases were taking place throughout Japan at that time. Sakata stressed, gBecause of nationwide protests, the judge could muster the courage to make such a decision.h Since the court clearly acknowledged the Security Treaty as unconstitutional, many people courageously carried out the following 1960 struggles against the treaty, Enomoto explained. The U.S. side cancelled the planned expansion of the Tachikawa base in December 1968. In November 1977, the base was returned to Japan. The site is now used as Showa Kinen Park, which is annually visited by 3.8 million people. (End of gMechanism of US Privilegesh) for more about the US declassified documents on gDate Rulingh see: http://www.japan-press.co.jp/2008/2574/usforces_4.html
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